HomeMy WebLinkAbout20170666 Ver 2_B-5373 2018-09-28 DWR Request for removal of Mitigation Condition (2)_20181001STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
September 28, 2018
NC Division of Water Resources
Transportation Permitting Branch
1617 Mail Service Center
Raleigh NC 27699-1617
ATTN: Ms. Amy Chapman
NCDOT Coardinatar
JAMES H. TROGDON, III
SECRETARY
Subject: Request for Removal of Mitigation Condition from DWR Certification for the
proposed replacement of Bridge No. 44 over Long Creek on SR 1435 (Poplin Road) in
Stanly County, Federal Aid Project No. BRZ-1435(9), Division 10,
TIP No. B-5373.
Reference: DWR Certification No. 2017-0666v.1, dated July 27, 2017
DWR Certification Correction, dated December 8, 2017
US Army Corps of Engineers 404 Permit, dated July 11, 2017
Dear Madam:
Upon project review, it has been noted that the Water Quality Certiiication contains an inadvertent
mitigation requirement condition
On May 31, 2017, the NCDOT applied for the US Army Corps of Engineers 404 and 401 DWR
Certification far the above-mentioned project. At the time of the application, NCDOT accounted for 72
linear feet of impact as "loss of waters" and proposed mitigation by way of "Debit Ledger" from an existing
site within the same HUC as the project.
Upon the processing of the application, the US Army Corps of Engineers determined that the impact was
not considered "channelization activity" and therefore not a"loss of waters" and no mitigation was required
for the project. Please see enclosed electronic mail correspondence.
(Additionally, it was determined that the proposed "Debit Ledger Site" did not contain the credits necessary
to serve as a mitigation source for the project.)
This determination of no mitigation required was inadvertently not provided to the NCDWR.
As such, the DWR Certiiication, Condition number 6 indicates:
MailingAddress: Telephone: (919) 707-6000 Location:
NC DEPARTMENT OF TiLANSPORTATION 1 OZO BIRCH RIDGE DRNE
ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610
1598 MAIL SERVICE CENTER Website.� www.ncdot.gov
Rn[.e�GH NC 27699-1598
"Compensatory mitigation for� impacts to 72 linear• feet of streams at a replacement ratio of 2:1 is
required. Compensatory mitigation for impacts to jurisdictional stream shall be provided by onsite
stt•eam mitigation of warm stream at a ratio of 2:1 for restot•ation/t•elocation of 72 linear feet. You
have indicated in your application that the "Afton Run Mitigation Site " in Cabarrus County will
be used for this mitigation requirement. The debit leger of available credits in HUC 03040105,
which were available fr�om the mitigation for U-20098, is 266 credits. The ledger is now debited
1�� units with 117 credit balance remaining. All on-site str•eam mitigation sites shall be protected
in perpetuity by a conservation easement or thr�ough NCDOT jee simple acquisition and recorded
in the NCDOT Natural Environment Unit mitigation geodatabase. All on-site compensatory
mitigation should be marked with appropriate boundRry signs on all sides. All stream crossings, to
include aerial and buried utility lines, are not eligible to generate steam credit within the limits of
the crossings (as defined by the utility easements for utility crossings). All stream banks shall be
matted with coir fiber matting. Rolled Erosion Control Products (RECP) or other construction
materials that contains nylon or� plastic mesh, which has been found to be harmf �l to wildlife, is
not allowed in the forested riparian buffers."
NCDOT hereby requests the cemoval of the mitigation requirement (Condition number 6) from
the Water Quality Certification for this project.
If you have any questions or need additional information, please contact Michael Turchy at
maturchy@ncdot.gov or (919) 707-6157.
Sin rely,
.
���� �
Philip S. Harris III, P.E., C.P.M.
Natural Environment Section Head
cc: Donna Hood, Divison 10 and 12 DWR Transportation Coordinator
RE: Permit Application for B-5373, Stanly County
Amschler, Crystal C CIV USARMY CESAW (US)
Tue 6/27/2017 423 PM
To:Dagnino, Carla S <cdagnino@ncdot.gov>;
cc:Turchy, Michael A <maturchy@ncdot.gov>;
Carla,
I've reviewed the PCN for this project and have the following comments/questions:
1) The package labels the 721f of stabilization a"channelization" due to the riprap being imbedded into the stream
bank. However, I wouldn't consider an activity a stabilization unless it straightened and/or deepened a stream. as far
as I can tell, this project does neither. Since the stream is currently already shaded, as far as I can tell, the loss of
function related to this project would be the hardening of the banks only, with a slight increase in stream shading due
to a wider bridge. As such, mitigation would not be required for this impact. Please let me know if I'm missing
something here.
2) also, I'm not familiar with low water bridges. Can you fill me in on how these differ from traditional bridges and
also provide some additional detail on why a traditional bridge would not work? do you have any photos of the site
you can send me for reference?
3) I also feel like it would be simpler to issue this under a single permit, NWP-14 as opposed to three separate
permits. Do you have any objection to my issuing it under a NWP-14?
4) and lastly, since this is federally funded do you already have correspondence from FWS regarding NLEB?
Thanks,
Crystal C. Amschler
Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28403
(828)-271-7980 Ext 4231
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
http: corpsmapu.usace.army.mil cm apex f?p=136:4:0
-----Original Message-----
From: Dagnino, Carla S [mailto:cdagnino@ncdot.gov
Sent: Tuesday, May 30, 2017 2:22 PM
To: Amschler, Crystal C CIV USARMY CESAW (US) <Crystal.C.Amschler@usace.army.mil>; Chapman, Amy
<amy.chapman@ncdenr.gov>
Cc: Hood, Donna <donna.hood@ncdenr.gov>; 'marella_buncick@fws.gov' <marella_buncick@fws.gov>; AI-
Ghandour, Majed N<malghandour@ncdot.gov>; Hanks, Brian <bhanks@ncdot.gov>; Carpenter,Kristi
<kristilynn.carpenter@ncdenr.gov>; Mellor, Colin <cmellor@ncdot.gov>; Mitchell, Louis L<Imitchell@ncdot.gov>;
NCDOT Service Account - Roadway Design <roadwaydesign@ncdot.gov>; Staley, Mark K<mstaley@ncdot.gov>;
Thompson, Larry B<Ithompson@ncdot.gov>; Barclay, Carl A<cbarclay@ncdot.gov>; Cole, Scott
<scole@ncdot.gov>; Turchy, Michael A<maturchy@ncdot.gov>; Zerman, William S<bzerman@ncdot.gov>
Subject: [Non-DoD Source] Permit Application for B-5373, Stanly County
The Permit Application for B-5373 has been posted to the NCDOT website. The electronic copy can be viewed
/downloaded at
Blockedhttps://connect.ncdot.gov/resources/Environmental/
< Blocked https://connect.ncdot.gov/resou rces/Envi ronmental/>
This email serves as NCDOT's permit application submittal to the NC Division of Water Resources and the US Army
Corps of Engineers.
Thank you.
Carla Dagnino
Western Region Environmental Program Supervisor II
Natural Environment Section
NC Department of Transportation
919 707 6110 office
cdagnino@ncdot.gov <mailto:cdagnino@ncdot.gov>
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01414 County: Stanlv U.S.G.S. Quad: Richfield
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: North Carolina Deuartment Of Transportation,
Proiect Development and Environmental Analvsis Unit
Attn: Mr. Phillip S. Harris, III, PE,
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Size (acres) Approximatelv 1 acre Nearest Town New London
Nearest Waterway Long Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.409322667597
Longitude: -80.2584039105095
Location description: The B5373 Poplin Road (Bridge 44) brid�e replacement proiect is located where Poplin Road crosses
over Long Creek, apAroximatelv 0.25 miles southwest of the intersection of Poplin Road with Kendalls Church Road, in New
London, Stanly Countv, North Carolina.
Description of projects area and activity: This permit verification authorizes permanent impact to 971f of stream channel (bed
and bank stabilization) and temqorarv impact to 521f of stream channel resulting from the reqlacement of an existing low
water bridge with a new low water bridge.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transqortation Proiects.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated OS/30/2017. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activiry would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) ar are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth Ciry, NC, at (252) 264-3901.
This Deparhnent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Crystal Amschler at (828) 271-7980 X 4231 or Crystal.C.Amschler(a�usace.army.mil.
AMSCHLER.CRYSTAL.0 °M �'� ER�R°�ra�.�AM���E,�;as,<„a
Corps Regulatory Official: AMILLE.1238614178 ^°=a°^ AMSCHLEPCPYSTPLCAM1LLE1338°,°,�a Date: July 11, 2017
Expiration Date of Verification: 03/18/2022
Copy furnished: NC DOT PDEA, Michael Turchy, 1598 Mail Service Center, Raleigh, NC, 27699-1598; maturchy@ncdot.gov
Environrnen taI
Quality
ROY COOPER
Go vernor
MICHAEL S. REGAN
Secrerary�
LINDA CULPEPPER
lnterim Direc'!or
December 8, 2017
Stanly County
NCDWR Project No. 2017-0666v. i
Bridge 44 on SR1435
Tl P Project No. B-5373
CORRECTION for APPROVAL of �301 WATER QUALITY CERTIFICATION
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Harris:
Attached hereto is a correction of 401 Certitication for NC DWR #20170666, TIP B-5373 issued to The North
Carolina Department of Transportation (NCDOT) dated July 27, 2017. The original 401 was issued with the General
Certifications associated to the requested Nationwide Permits 13, 23, and 33 in the original permit package. The
Nationwide Permit actually issued for this project was a Nationwide 14, therefore, the 401 is being corrected to
reflect this change. NC DOT project B-5373 is covered by General Water Quality Certification Number(s) 4135.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers.
All other conditions of the original 401, both general and specific, still apply.
If we can be of f'urther assistance, do not hesitate to contact us.
�,5incerel�", �
�
, r
Y
���` �I��� ��
Linda Culpepper, lnterim Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Donna Hood, NC Division of Water Resources Mooresville Regional Of�ice
File Copy
State of North Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, No�th Carolina2 7699-1 61 7
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Environmental
QUQ�I i}�
ROY COOPER
CiOVL'7T701'
MICHAEL S. REGAN
Secre���y
S. JAY ZIMMERMAN
Direc�or
July 27, 2017
Stanly County
NCDWR Project No. 2017-0666v.1
Bridge 44 on SR1435
TIP Project No. B-5373
APPROVAL of 401 WATER QUALITY CGRTIFICATION, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts foi• the purpose of
replacing bridge 44 on SR1435, Poplin Road, in Stanly County:
Stream Impacts in the Yadkin River Basin
Permanent Strea�n
Fill in Temporary Fill Total Strea�n l�npacts
in I'erennial
Site Perennial Impact Requiring
Stream
Stream (linea►• ft) Mitigation
(linear ft)
]inear f't lincar T#
1-for installaion ofripi•ap 27 27 0
I-installization ofstreamstabilization ]0 10 0
1-installization s�l'i���a�;�vic�tisclikes IS
li-ri �•a embank�nent 25 25 0
1-stream stab ilization 72 72 72
TOTAL 97 52 134 72
Total Stream Impact for Project: 134 linear feet.
The project shall be constructed in accot•dance with youi• application dated received May 30, 2017. After i•eviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number(s)
4087, 4093, and 4094. This certification corresponds to the Nationwide Permits 13, 23, and 33 issued by the Corps
of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discha►•ge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit.
State ofNor[h Carolina � Environmental Quality
1617 Mail Service Center I Rafeigh, North Caro6na 27699-1 6 1 7
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certi�cation:
1. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS0000250, please refer to the most recent version of the North Carolirra Department of Transportatron
Stof•rnwater Best Managernent Practices Toolbox manual for approved measures. [ 15A NCAC 02H
.0507(d)(2) and 15A N�AC 02H .0506(b)(5)]
4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)
6. Compensatory mitigation for impacts to 72 linear feet of streams at a replacement ratio of 2:1 is
reGuired. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream
mitigation of warm stream at a ratio of 2:1 for restoration/relocation of 72 linear feet. You have indicated in
your application that the "Afton Run Mitigation Site" in Cabarrus County will be used for this mitigation
reGuirement. The debit ledger of available credits in HUC03040105, which were available from the
mitigation for U-2009B, is 266 credits. The ledger is now debited 144 units with 117 credit balance
remaining. All on-site stream mitigation sites shall be protected in perpetuity by a conservation easement
or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit
mitigation geodatabase. All on-site compensatory mitigation should be marked with appropriate boundary
signs on all sides. All stream crossings, to include aerial and buried utility lines, are not eligible to generate
steam credit within the limits of the crossings (as defined by the utility easements for utility crossings). All
stream banks shall be matted with coir fiber matting. Rolled Erosion Control Products (RECP) or other
construction materials that contains nylon or plastic mesh, which has been found to be harmful to wildlife,
is not allowed in the forested riparian buffers.
General Conditions
CJnless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-eGuilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most cw•rent version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters fi•om fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ 15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by thi��
certification. [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this ceirtification to the Division of Water Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Ce�rtification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
o2H.oso2(fl�
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(a)(6)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Minirrg Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [ 15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form fi•om the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of B:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at (704) 682-2839 or donna.hood@ncdenr.gov.
Sincerely,
� ^
�
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy